Question of ethics?

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isaacvent

ArboristSite Operative
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Earlier today i went to bid a tree job. It is a removal of 3 40 foot spruce trees. Fairly easy job, that also includes removing stumps and planting 3 news trees in place. About a month ago there was an accident on the street in front of her house, about 30ft away from the trees. The accident included a diesel spill from a tractor trailer, maybe 200 gallons i suspect. The home owner wants me to write an estimate for her insurance company stating that the fuel oil in the ground is killing the trees. I don't believe it though. The trees look healthy. The grass is green. I cant see anything that suggests the soil is contaminated. I told her to have a soil test because i don't want to plant new trees in bad soil. She kind of blew that off. I think she wants the trees gone on the ins. co. dime. Im looking for input. I think i would be lieing if i say the diesel oil is killing the trees. Any recommendations?
 
Earlier today i went to bid a tree job. It is a removal of 3 40 foot spruce trees. Fairly easy job, that also includes removing stumps and planting 3 news trees in place. About a month ago there was an accident on the street in front of her house, about 30ft away from the trees. The accident included a diesel spill from a tractor trailer, maybe 200 gallons i suspect. The home owner wants me to write an estimate for her insurance company stating that the fuel oil in the ground is killing the trees. I don't believe it though. The trees look healthy. The grass is green. I cant see anything that suggests the soil is contaminated. I told her to have a soil test because i don't want to plant new trees in bad soil. She kind of blew that off. I think she wants the trees gone on the ins. co. dime. Im looking for input. I think i would be lieing if i say the diesel oil is killing the trees. Any recommendations?

I think she may be asking you to help her in an insurance fraud.
 
Yea, i thought about insurance fraud as well. Im not too hungry to let this one go. I literally told her 3 times i didn't think there was an issue.
 
I have not/will not lie for a HO, i had a guy that knocked a huge limb through his garage and asked me to write the estimate claiming storm damage i told him i will not do that as it could come back to me for fraud he wasn't happy about that but asked me to remove the limb, i think his plan was for me to remove everything and then claim the storm damage and say the limb was already removed, however at that point i wasn't interested so i just told him call someone else.
 
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Never lie. Once you lie one time, you have to lie again to cover it up. Think about the reputation that your trying to build for your business. Dont think for one second a trained insurance adjuster cant see through this. The homeowner has nothing to lose, theyre trying to put your neck in the noose.
 
Was there really a large oil spill on the site? If the soil is contaminated with fuel oil you will see and smell it for a long time. Also, if it was indeed a sizeable spill the local enviromental cleanup people should have cleaned up the spill site, removing and replacing any contaminated soil.
 
Chances are the ins wouldn't pay for it even if you did see signs that the spill is killing the trees.

I think the company that owns the truck which had the spill would be more liable for damages.
 
I agree with nmh. It's a shame what some people willI do to make money. I did a bid recently for a large section of a water oak tree that fell on a man's house. He said he was sure there was NO damage to the house. He also told me how he had to make a claim on his insurance because of some ac guys that did work there and didn't leave a drain pan supposedly. I bid that one very high because I felt he was wanting to blame me if damage was done. Some customers can be sneaky. He didn't like the price oh well! Next job
 
Yes, x2 what they all said. Insurance fraud is no joke and those guys got more lawyers than Alaska has mosquitos .
I've smelled diesel in the ground where it was spilled in 1967 . In an arid climate that was in 2009 .so it lingures a long time.

Your good name is worth more than almost anything. .
 
Yea, the word "insurance" is a red flag for me on a bid. Im not saying i won't do the work, but it definitely adds another layer to a job. To me the worst is when you go bid a job and the customer starts talking about suing people. I just did a small job a few weeks ago, where we removed a dead pine and a few white birch trees. The ho was an old lady and she was trying to sue her neighbor because a "big" tree fell across the property line from the neighbors side. It was actually a branch that was 13ft long and about 4in dia. I told her i wasn't going to charge her to pick it up and put it in the chipper. She wanted me to write an estimate for $50 to remove it. She must have had a cheap lawyer! We finished and got the hell out of there before she sued for too much sawdust in the yard!
 
I hear ya! Sue is a four letter word in my book. Smart move by getting rid of that branch for free. If it's on the property line I usually will try to talk to both clients for permission. If the neighbor seems nice i will then see if they are interested in splitting the cost of the job. For instance if it's trimming a tree I tell the neighbor it will be cheaper because I am already there. If it is just a small limb or something I will just do it just to provide good customer service.
 
You would be lying. If I read your post correctly you don't think the diesel fuel is causing any problems. Say no, I'm sorry but in my professional opinion the fuel spill isn't causing any problem, hold your head high and go on to the next job. I know easy for me to say, turning down money but I beleive what goes around comes around.
 
Walk away. Anyone who is willing to do this is willing to put the screws to you as well. Get busted doing it and you will be done.
 
I have tried to contact the HO to let her know im not interested, no response yet. Im keeping pretty busy anyway. I don't need that job or headache. Thanks for all the input!
 
Homeowners insurance won't pay for the removal based on what you've said anyway. As others have said if she's asking you to lie to her insurance company for her she'll be the first one to throw you under the bus when the #### hits the fan.
 
Homeowners insurance won't pay for the removal based on what you've said anyway. As others have said if she's asking you to lie to her insurance company for her she'll be the first one to throw you under the bus when the #### hits the fan.

Thumbs Up!
 
Gentlemen, I am impressed with all of you!! Insurance frauds costs all of us 33 billion per year for property / casualty insurance. We all pay higher rates because of the crooks out there. state attorney general offices are cracking down more every year and anyone involved is subject to prosecution, including contractors who get involved. Your advise to walk away is spot on.
 
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